| | 
  
    | Publication 535 | 2008 Tax Year |  
                  
                     
                        
                           7.  
                              			    Costs You  Can Deduct  or Capitalize
                            
                     
                     Environmental cleanup costs. The election to deduct qualified environmental cleanup costs expired for costs paid or incurred after December 31, 2007. See Environmental
                              Cleanup Costs.
                        
                      
                     
                     This chapter discusses costs you can elect to deduct or capitalize.
                        
                      You generally deduct a cost as a current business expense by subtracting it from your income in either the year you incur
                        it or the year you pay
                        it.
                        
                      If you capitalize a cost, you may be able to recover it over a period of years through periodic deductions for amortization,
                        depletion, or
                        depreciation. When you capitalize a cost, you add it to the basis of property to which it relates.
                        
                      A partnership, corporation, estate, or trust makes the election to deduct or capitalize the costs discussed in this chapter
                        except for exploration
                        costs for mineral deposits. Each individual partner, shareholder, or beneficiary elects whether to deduct or capitalize exploration
                        costs.
                        
                      
                           
                        You may be subject to the alternative minimum tax (AMT) if you deduct research and experimental, intangible drilling, exploration,
                        development,
                        circulation, and business organizational costs.
                        
                      For more information on the alternative minimum tax, see the instructions for one of the following forms.
                        
                      
                        
                           
                              Form 6251, Alternative Minimum Tax—Individuals.
                              Form 4626, Alternative Minimum Tax—Corporations. 
                        
                      
                     
                        
                           
                              Topics - This chapter discusses:
                               
                        
                           
                              Carrying charges
                              Research and experimental costs
                              Intangible drilling costs
                              Exploration costs
                              Development costs
                              Circulation costs
                              Environmental cleanup costs
                              Business start-up and organizational costs
                              Reforestation costs
                              Retired asset removal costs
                              Barrier removal costs
                              Film and television production costs 
                     
                        
                           
                              Useful Items - You may want to see:
                               See chapter 12 for information about getting publications and forms.
                     
                   
                     Carrying charges include the taxes and interest you pay to carry or develop real property or to carry, transport, or install
                        personal property.
                        Certain carrying charges must be capitalized under the uniform capitalization rules. (For information on capitalization of
                        interest, see chapter 4.)
                        You can elect to capitalize carrying charges not subject to the uniform capitalization rules, but only if they are otherwise
                        deductible.
                        
                      You can elect to capitalize carrying charges separately for each project you have and for each type of carrying charge. For
                        unimproved and
                        unproductive real property, your election is good for only 1 year. You must decide whether to capitalize carrying charges
                        each year the property
                        remains unimproved and unproductive. For other real property, your election to capitalize carrying charges remains in effect
                        until construction or
                        development is completed. For personal property, your election is effective until the date you install or first use it, whichever
                        is later.
                        
                      How to make the election.
                                To make the election to capitalize a carrying charge, write a statement saying which charges you elect to capitalize.
                        Attach it to your original
                        tax return for the year the election is to be effective. However, if you timely filed your return for the year without making
                        the election, you can
                        still make the election by filing an amended return within 6 months of the due date of the return (excluding extensions).
                        Attach the statement to the
                        amended return and write “Filed pursuant to section 301.9100-2 ” on the statement. File the amended return at the same address you filed the
                        original return.
                        
                         
                     
                        
                           
                              Research and Experimental Costs
                               The costs of research and experimentation are generally capital expenses. However, you can elect to deduct these costs as
                        a current business
                        expense. Your election to deduct these costs is binding for the year it is made and for all later years unless you get IRS
                        approval to make a change.
                        
                      If you meet certain requirements, you may elect to defer and amortize research and experimental costs. For information on
                        electing to defer and
                        amortize these costs, see Research and Experimental Costs in chapter 8.
                        
                      Research and experimental costs defined.
                                Research and experimental costs are reasonable costs you incur in your trade or business for activities intended to
                        provide information that would
                        eliminate uncertainty about the development or improvement of a product. Uncertainty exists if the information available to
                        you does not establish how
                        to develop or improve a product or the appropriate design of a product. Whether costs qualify as research and experimental
                        costs depends on the nature
                        of the activity to which the costs relate rather than on the nature of the product or improvement being developed or the level
                        of technological
                        advancement.
                        
                         
                                The costs of obtaining a patent, including attorneys' fees paid or incurred in making and perfecting a patent application,
                        are research and
                        experimental costs. However, costs paid or incurred to obtain another's patent are not research and experimental costs.
                        
                         Product.
                                The term “product ” includes any of the following items.
                        
                         It also includes products used by you in your trade or business or held for sale, lease, or license.
                        
                         Costs not included.
                                Research and experimental costs do not include expenses for any of the following activities.
                        
                         
                           
                              
                                 Advertising or promotions.
                                 Consumer surveys.
                                 Efficiency surveys.
                                 Management studies.
                                 Quality control testing.
                                 Research in connection with literary, historical, or similar projects.
                                 The acquisition of another's patent, model, production, or process. When and how to elect.
                                You make the election to deduct research and experimental costs by deducting them on your tax return for the year
                        in which you first pay or incur
                        research and experimental costs. If you do not make the election to deduct research and experimental costs in the first year
                        in which you pay or incur
                        the costs, you can deduct the costs in a later year only with approval from the IRS.
                        
                         
                           
                           
                              
                                 
                                 
                                    
                                       | IF you . . . | THEN . . . |  
                                       | Elect to deduct research and experimental costs as a current business expense | Deduct all research and experimental costs in the first year you pay or incur the costs and all later
                                          years. |  
                                       | Do not deduct research and experimental costs as a current business expense | If you meet the requirements, amortize them over at least 60 months, starting with the month you first receive an
                                          economic benefit from the research. See Research and Experimental Costs in chapter 8. |  Research credit.
                                If you pay or incur qualified research expenses, you may be able to take the research credit. For more information
                        about the research credit, see
                        the instructions to Form 6765, Credit for Increasing Research Activities.
                        
                         
                     
                        
                           
                              Intangible  Drilling Costs
                               The costs of developing oil, gas, or geothermal wells are ordinarily capital expenditures. You can usually recover them through
                        depreciation or
                        depletion. However, you can elect to deduct intangible drilling costs (IDCs) as a current business expense. These are certain
                        drilling and development
                        costs for wells in the United States in which you hold an operating or working interest. You can deduct only costs for drilling
                        or preparing a well
                        for the production of oil, gas, or geothermal steam or hot water.
                        
                      You can elect to deduct only the costs of items with no salvage value. These include wages, fuel, repairs, hauling, and supplies
                        related to
                        drilling wells and preparing them for production. Your cost for any drilling or development work done by contractors under
                        any form of contract is
                        also an IDC. However, see Amounts paid to contractor that must be capitalized, later.
                        
                      You can also elect to deduct the cost of drilling exploratory bore holes to determine the location and delineation of offshore
                        hydrocarbon deposits
                        if the shaft is capable of conducting hydrocarbons to the surface on completion. It does not matter whether there is any intent
                        to produce
                        hydrocarbons.
                        
                      If you do not elect to deduct your IDCs as a current business expense, you can elect to deduct them over the 60-month period
                        beginning with the
                        month they were paid or incurred.
                        
                      Amounts paid to contractor that must be capitalized.
                                 Amounts paid to a contractor must be capitalized if they are either:
                        
                         
                           
                              
                                 Amounts properly allocable to the cost of depreciable property, or
                                 Amounts paid only out of production or proceeds from production if these amounts are depletable income to the recipient. How to make the election.
                                 You elect to deduct IDCs as a current business expense by taking the deduction on your income tax return for the
                        first tax year you have eligible
                        costs. No formal statement is required. If you file Schedule C (Form 1040), enter these costs under “Other expenses. ”
                        
                         
                                For oil and gas wells, your election is binding for the year it is made and for all later years. For geothermal wells,
                        your election can be revoked
                        by the filing of an amended return on which you do not take the deduction. You can file the amended return for the year up
                        to the normal time of
                        expiration for filing a claim for credit or refund, generally, within 3 years after the date you filed the original return
                        or within 2 years after the
                        date you paid the tax, whichever is later.
                        
                         Energy credit for costs of geothermal wells.
                                If you capitalize the drilling and development costs of geothermal wells that you place in service during the tax
                        year, you may be able to claim a
                        business energy credit. See the instructions for Form 3468 for more information.
                        
                         Nonproductive well.
                                If you capitalize your IDCs, you have another option if the well is nonproductive. You can deduct the IDCs of the
                        nonproductive well as an ordinary
                        loss. You must indicate and clearly state your election on your tax return for the year the well is completed. Once made,
                        the election for oil and gas
                        wells is binding for all later years. You can revoke your election for a geothermal well by filing an amended return that
                        does not claim the loss.
                        
                         Costs incurred outside the United States.
                                You cannot deduct as a current business expense all the IDCs paid or incurred for an oil, gas, or geothermal well
                        located outside the United
                        States. However, you can elect to include the costs in the adjusted basis of the well to figure depletion or depreciation.
                        If you do not make this
                        election, you can deduct the costs over the 10-year period beginning with the tax year in which you paid or incurred them.
                        These rules do not apply to
                        a nonproductive well.
                        
                         
                     The costs of determining the existence, location, extent, or quality of any mineral deposit are ordinarily capital expenditures
                        if the costs lead
                        to the development of a mine. You recover these costs through depletion as the mineral is removed from the ground. However,
                        you can elect to deduct
                        domestic exploration costs paid or incurred before the beginning of the development stage of the mine (except those for oil,
                        gas, and geothermal
                        wells).
                        
                      How to make the election.
                                You elect to deduct exploration costs by taking the deduction on your income tax return, or on an amended income tax
                        return, for the first tax year
                        for which you wish to deduct the costs paid or incurred during the tax year. Your return must adequately describe and identify
                        each property or mine,
                        and clearly state how much is being deducted for each one. The election applies to the tax year you make this election and
                        all later tax years.
                        
                         Partnerships.
                                Each partner, not the partnership, elects whether to capitalize or to deduct that partner's share of exploration costs.
                        
                         Reduced corporate deductions for exploration costs.
                                A corporation (other than an S corporation) can deduct only 70% of its domestic exploration costs. It must capitalize
                        the remaining 30% of costs
                        and amortize them over the 60-month period starting with the month the exploration costs are paid or incurred. A corporation
                        may also elect to
                        capitalize and amortize mining exploration costs over a 10-year period. For more information on this method of amortization,
                        see Internal Revenue Code
                        section 59(e).
                        
                         
                                The 30% the corporation capitalizes cannot be added to its basis in the property to figure cost depletion. However,
                        the amount amortized is treated
                        as additional depreciation and is subject to recapture as ordinary income on a disposition of the property. See Section 1250 Property  under
                        Depreciation Recapture in chapter 3 of Publication 544.
                        
                         
                                These rules also apply to the deduction of development costs by corporations. See Development Costs, later.
                        
                         Recapture of exploration expenses.
                                When your mine reaches the producing stage, you must recapture any exploration costs you elected to deduct. Use either
                        of the following methods.
                        
                         
                           
                              | Method 1—Include the deducted costs in gross income for the tax year the mine reaches the producing stage. Your election must
                                 be
                                 clearly indicated on the return. Increase your adjusted basis in the mine by the amount included in income. Generally, you
                                 must elect this recapture
                                 method by the due date (including extensions) of your return. However, if you timely filed your return for the year without
                                 making the election, you
                                 can still make the election by filing an amended return within 6 months of the due date of the return (excluding extensions).
                                 Make the election on
                                 your amended return and write “Filed pursuant to section 301.9100-2” on the form where you are including the income. File the amended return at
                                 the same address you filed the original return. |  
                              | Method 2—Do not claim any depletion deduction for the tax year the mine reaches the producing stage and any later tax years
                                 until the
                                 depletion you would have deducted equals the exploration costs you deducted. |  
                                You also must recapture deducted exploration costs if you receive a bonus or royalty from mine property before it
                        reaches the producing stage. Do
                        not claim any depletion deduction for the tax year you receive the bonus or royalty and any later tax years, until the depletion
                        you would have
                        deducted equals the exploration costs you deducted.
                        
                         
                                Generally, if you dispose of the mine before you have fully recaptured the exploration costs you deducted, recapture
                        the balance by treating all or
                        part of your gain as ordinary income.
                        
                         
                                Under these circumstances, you generally treat as ordinary income all of your gain if it is less than your adjusted
                        exploration costs with respect
                        to the mine. If your gain is more than your adjusted exploration costs, treat as ordinary income only a part of your gain,
                        up to the amount of your
                        adjusted exploration costs.
                        
                         Foreign exploration costs.
                                If you pay or incur exploration costs for a mine or other natural deposit located outside the United States, you cannot
                        deduct all the costs in the
                        current year. You can elect to include the costs (other than for an oil, gas, or geothermal well) in the adjusted basis of
                        the mineral property to
                        figure cost depletion. (Cost depletion is discussed in chapter 9.) If you do not make this election, you must deduct the costs
                        over the 10-year period
                        beginning with the tax year in which you pay or incur them. These rules also apply to foreign development costs.
                        
                         
                     You can deduct costs paid or incurred during the tax year for developing a mine or any other natural deposit (other than an
                        oil or gas well)
                        located in the United States. These costs must be paid or incurred after the discovery of ores or minerals in commercially
                        marketable quantities.
                        Development costs include those incurred for you by a contractor. Also, development costs include depreciation on improvements
                        used in the development
                        of ores or minerals. They do not include costs for the acquisition or improvement of depreciable property.
                        
                      Instead of deducting development costs in the year paid or incurred, you can elect to treat them as deferred expenses and
                        deduct them ratably as
                        the units of produced ores or minerals benefited by the expenses are sold. This election applies each tax year to expenses
                        paid or incurred in that
                        year. Once made, the election is binding for the year and cannot be revoked for any reason.
                        
                      How to make the election.
                                The election to deduct development costs ratably as the ores or minerals are sold must be made for each mine or other
                        natural deposit by a clear
                        indication on your return or by a statement filed with the IRS office where you file your return. Generally, you must make
                        the election by the due
                        date of the return (including extensions). However, if you timely filed your return for the year without making the election,
                        you can still make the
                        election by filing an amended return within 6 months of the due date of the return (excluding extensions). Clearly indicate
                        the election on your
                        amended return and write “Filed pursuant to section 301.9100-2. ” File the amended return at the same address you filed the original return.
                        
                         Foreign development costs.
                                The rules discussed earlier for foreign exploration costs apply to foreign development costs.
                        
                         Reduced corporate deductions for development costs.
                                The rules discussed earlier for reduced corporate deductions for exploration costs also apply to corporate deductions
                        for development costs.
                        
                         
                     A publisher can deduct as a current business expense the costs of establishing, maintaining, or increasing the circulation
                        of a newspaper,
                        magazine, or other periodical. For example, a publisher can deduct the cost of hiring extra employees for a limited time to
                        get new subscriptions
                        through telephone calls. Circulation costs are deductible even if they normally would be capitalized.
                        
                      This rule does not apply to the following costs that must be capitalized.
                        
                      
                        
                           
                              The purchase of land or depreciable property.
                              The acquisition of circulation through the purchase of any part of the business of another publisher of a newspaper, magazine,
                                 or other
                                 periodical, including the purchase of another publisher's list of subscribers.
                               
                        
                      Other treatment of circulation costs.
                                If you do not want to deduct circulation costs as a current business expense, you can elect one of the following ways
                        to recover these costs.
                        
                         How to make the election.
                                You elect to capitalize circulation costs by attaching a statement to your return for the first tax year the election
                        applies. Your election is
                        binding for the year it is made and for all later years, unless you get IRS approval to revoke it.
                        
                         
                     
                        
                           
                              Environmental Cleanup Costs
                               Environmental cleanup costs are generally capital expenditures. However, you can elect to deduct these costs as a current
                        business expense if
                        certain requirements (discussed later) are met. This special tax treatment is generally available for environmental cleanup
                        costs you pay or incur
                        before January 1, 2008.
                        
                      Environmental cleanup costs.
                                Environmental cleanup costs are generally costs you pay or incur to abate or control hazardous substances at a qualified
                        contaminated site.
                        
                         Hazardous substance.
                                Hazardous substances are defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and
                        Liability Act of 1980 and
                        certain substances are designated as hazardous in section 102 of the Act. For costs paid or incurred after December 31, 2005
                        (after August 28, 2005,
                        if for a Gulf Opportunity (GO) Zone site), petroleum products are treated as hazardous substances. Substances are not hazardous
                        if a removal or
                        remedial action is prohibited under sections 104 and 104(a)(3) of the Act. For more information on the GO Zone, see Publication
                        4492, Information for
                        Taxpayers Affected by Hurricanes Katrina, Rita, and Wilma.
                        
                         Qualified contaminated site.
                                A qualified contaminated site is any area that meets both of the following requirements.
                        
                         
                           
                              
                                 You hold it for use in a trade or business, for the production of income, or as inventory.
                                 There has been a release, threat of release, or disposal of any hazardous substance at or on the site. You must get a statement from the designated state environmental agency that the site meets requirement (2).
                        
                         
                                A site is not eligible if it is on, or proposed for, the national priorities list under section 105(a)(8)(B) of the
                        Comprehensive Environmental
                        Response, Compensation, and Liability Act of 1980. To find out if a site is on the national priorities list, contact the U.S.
                        Environmental Protection
                        Agency.
                        
                         Expenditures for depreciable property.
                                You cannot deduct the cost of acquiring depreciable property used in connection with the abatement or control of hazardous
                        substances at a
                        qualified contaminated site. However, the part of the depreciation for such property that is otherwise allocated to the qualified
                        contaminated site
                        shall be treated as an environmental cleanup cost.
                        
                         When and how to elect.
                                You elect to deduct environmental cleanup costs by taking the deduction on the income tax return (filed by the due
                        date including extensions) for
                        the tax year in which the costs are paid or incurred. The costs are deducted differently depending on the type of business
                        entity involved.
                        
                         Individuals.
                                Deduct the environmental cleanup costs on the “Other Expenses ” line of Schedule C, E, or F (Form 1040). If the schedule requires you to
                        separately identify each expense included in “Other Expenses ” write “Section 198 Election ” on the line next to the environmental cleanup
                        costs.
                        
                         All other entities.
                                All other taxpayers (including S corporations, partnerships, and trusts) deduct the environmental cleanup costs on
                        the “Other Deductions ” line
                        of the appropriate federal income tax return. On a schedule attached to the return that separately identifies each expense
                        included in “Other
                           Deductions ” write “Section 198 Election ” on the line next to the amount for environmental cleanup costs.
                        
                         More than one environmental cleanup cost.
                                If, for any tax year, you pay or incur more than one environmental cleanup cost, you can elect to deduct one or more
                        of such expenditures for that
                        year. You can elect to deduct one expenditure and elect to capitalize another expenditure (whether or not they are of the
                        same type or paid or
                        incurred with respect to the same qualified contaminated site). An election to deduct an expenditure for one year has no effect
                        on other years. You
                        must make a separate election for each year in which you intend to deduct environmental cleanup costs.
                        
                         Recapture.
                                This deduction may have to be recaptured as ordinary income under section 1245 when you sell or otherwise dispose
                        of the property that would have
                        received an addition to basis if you had not elected to deduct the expenditure. For more information on recapturing the deduction,
                        see
                        Depreciation and amortization under Gain Treated as Ordinary Income  in Publication 544.
                        
                         More information.
                                For more information about the environmental cleanup cost deduction, see Internal Revenue Code section 198.
                        
                         
                     
                        
                           
                              Business Start-Up and Organizational Costs
                               Business start-up and organizational costs are generally capital expenditures. However, you can elect to deduct up to $5,000
                        of business start-up
                        and $5,000 of organizational costs paid or incurred after October 22, 2004. The $5,000 deduction is reduced by the amount
                        your total start-up or
                        organizational costs exceed $50,000. Any remaining costs must be amortized. For information about amortizing start-up and
                        organizational costs, see
                        chapter 8.
                        
                      Start-up costs include any amounts paid or incurred in connection with creating an active trade or business or investigating
                        the creation or
                        acquisition of an active trade or business. Organizational costs include the costs of creating a corporation. For more information
                        on start-up and
                        organizational costs, see chapter 8.
                        
                      How to make the election.
                                 You elect to deduct the start-up or organizational costs by claiming the deduction on the income tax return (filed
                        by the due date including
                        extensions) for the tax year in which the active trade or business begins. However, if you timely filed your return for the
                        year without making the
                        election, you can still make the election by filing an amended return within 6 months of the due date of the return (excluding
                        extensions). Clearly
                        indicate the election on your amended return and write “Filed pursuant to section 301.9100-2. ” File the amended return at the same address you
                        filed the original return. The election applies when computing taxable income for the current tax year and all subsequent
                        years.
                        
                         
                     Reforestation costs are generally capital expenditures. However, you can elect to deduct up to $10,000 ($5,000 if married
                        filing separately; $0 for
                        a trust) of qualifying reforestation costs paid or incurred after October 22, 2004, for each qualified timber property. This
                        limit is increased for
                        small timber producers with qualified timber property located in certain areas affected by Hurricanes Katrina, Rita, and Wilma.
                        For more information,
                        see Publication 4492. The remaining costs can be amortized over an 84-month period. For information about amortizing reforestation
                        costs, see chapter
                        8.
                        
                       Qualifying reforestation costs are the direct costs of planting or seeding for forestation or reforestation. Qualified timber
                        property is property
                        that contains trees in significant commercial quantities. See chapter 8 for more information on qualifying reforestation costs
                        and qualified timber
                        property.
                        
                      If you elect to deduct qualified reforestation costs, create and maintain separate timber accounts for each qualified timber
                        property and include
                        all reforestation costs and the dates each was applied. Do not include this qualified timber property in any account (for
                        example, depletion block)
                        for which depletion is allowed.
                        
                      How to make the election.
                                You elect to deduct qualifying reforestation costs by claiming the deduction on your timely filed income tax return
                        (including extensions) for the
                        tax year the expenses were paid or incurred. If Form T (Timber), Forest Activities Schedule, is required, complete Part IV
                        of Form T. If Form T is not
                        required, attach a statement containing the following information for each qualified timber property for which an election
                        is being made.
                        
                         
                           
                              
                                 The unique stand identification numbers.
                                 The total number of acres reforested during the tax year.
                                 The nature of the reforestation treatments.
                                 The total amounts of qualified reforestation expenditures eligible to be amortized or deducted. 
                                 However, if you timely filed your return for the year without making the election, you can still make the election
                        by filing an amended return
                        within 6 months of the due date of the return (excluding extensions). Clearly indicate the election on your amended return
                        and write “Filed pursuant
                           to section 301.9100-2. ” File the amended return at the same address you filed the original return. The election applies when computing taxable
                        income for the current tax year and all subsequent years.
                        
                         
                                If you elected to deduct qualified timber costs on a federal income tax return filed before June 15, 2006, but did
                        not include the above
                        information, complete Part IV of Form T or the required statement and attach it to the first federal income tax return you
                        file after June 14, 2006.
                        If you have not elected to deduct qualified timber costs in a prior year you may be able to do so by filing Form 3115, Application
                        for Change in
                        Accounting Method. For more information, see Notice 2006-47 on page 892 of Internal Revenue Bulletin 2006-20. Internal Revenue
                        Bulletin 2006-20 is
                        available at
                        www.irs.gov/pub/irs-irbs/irb06-20.pdf. 
                                For additional information on reforestation costs, see chapter 8.
                        
                         Recapture.
                                This deduction may have to be recaptured as ordinary income under section 1245 when you sell or otherwise dispose
                        of the property that would have
                        received an addition to basis if you had not elected to deduct the expenditure. For more information on recapturing the deduction,
                        see
                        Depreciation and amortization under Gain Treated as Ordinary Income  in Publication 544.
                        
                         
                     
                        
                           
                              Retired Asset Removal Costs
                               If you retire and remove a depreciable asset in connection with the installation or production of a replacement asset, you
                        can deduct the costs of
                        removing the retired asset. However, if you replace a component (part) of a depreciable asset, capitalize the removal costs
                        if the replacement is an
                        improvement and deduct the costs if the replacement is a repair.
                        
                      
                     The cost of an improvement to a business asset is normally a capital expense. However, you can elect to deduct the costs of
                        making a facility or
                        public transportation vehicle more accessible to and usable by those who are disabled or elderly. You must own or lease the
                        facility or vehicle for
                        use in connection with your trade or business.
                        
                      A facility is all or any part of buildings, structures, equipment, roads, walks, parking lots, or similar real or personal
                        property. A public
                        transportation vehicle is a vehicle, such as a bus or railroad car, that provides transportation service to the public (including
                        service for your
                        customers, even if you are not in the business of providing transportation services).
                        
                      You cannot deduct any costs that you paid or incurred to completely renovate or build a facility or public transportation
                        vehicle or to replace
                        depreciable property in the normal course of business.
                        
                      Deduction limit.
                                The most you can deduct as a cost of removing barriers to the disabled and the elderly for any tax year is $15,000.
                        However, you can add any costs
                        over this limit to the basis of the property and depreciate these excess costs.
                        
                         Partners and partnerships.
                                The $15,000 limit applies to a partnership and also to each partner in the partnership. A partner can allocate the
                        $15,000 limit in any manner
                        among the partner's individually incurred costs and the partner's distributive share of partnership costs. If the partner
                        cannot deduct the entire
                        share of partnership costs, the partnership can add any costs not deducted to the basis of the improved property.
                        
                         
                                A partnership must be able to show that any amount added to basis was not deducted by the partner and that it was
                        over a partner's $15,000 limit
                        (as determined by the partner). If the partnership cannot show this, it is presumed that the partner was able to deduct the
                        distributive share of the
                        partnership's costs in full.
                        
                         Example. John Duke's distributive share of ABC partnership's deductible expenses for the removal of architectural barriers was $14,000.
                              John had $12,000 of
                              similar expenses in his sole proprietorship. He elected to deduct $7,000 of them. John allocated the remaining $8,000 of the
                              $15,000 limit to his
                              share of ABC's expenses. John can add the excess $5,000 of his own expenses to the basis of the property used in his business.
                              Also, if ABC can show
                              that John could not deduct $6,000 ($14,000 - $8,000) of his share of the partnership's expenses because of how John applied
                              the limit, ABC can
                              add $6,000 to the basis of its property.
                              
                            Qualification standards.
                                You can deduct your costs as a current expense only if the barrier removal meets the guidelines and requirements issued
                        by the Architectural and
                        Transportation Barriers Compliance Board under the Americans with Disabilities Act (ADA) of 1990. You can view the Americans
                        with Disabilities Act at
                        www.ada.gov/pubs/ada.htm .
                        
                         
                                 The following is a list of some architectural barrier removal costs that can be deducted.
                        
                          You can find the ADA guidelines and requirements for architectural barrier removal at
                        www.usdoj.gov/crt/ada/reg3a.html .
                        
                         
                                The following is a list of some deductible transportation barrier removal costs.
                        
                         You can find the guidelines and requirements for transportation barrier removal at
                        www.fta.dot.gov 
                                 Also, you can access the ADA website at
                        www.ada.gov  for additional information.
                        
                         Other barrier removals.
                                To be deductible, expenses of removing any barrier not covered by the above standards must meet all three of the following
                        tests.
                        
                         
                           
                              
                                 The removed barrier must be a substantial barrier to access or use of a facility or public transportation vehicle by persons
                                    who have a
                                    disability or are elderly. 
                                 
                                 The removed barrier must have been a barrier for at least one major group of persons who have a disability or are elderly
                                    (such as people
                                    who are blind, deaf, or wheelchair users). 
                                 
                                 The barrier must be removed without creating any new barrier that significantly impairs access to or use of the facility or
                                    vehicle by a
                                    major group of persons who have a disability or are elderly. 
                                  How to make the election.
                                If you elect to deduct your costs for removing barriers to the disabled or the elderly, claim the deduction on your
                        income tax return (partnership
                        return for partnerships) for the tax year the expenses were paid or incurred. Identify the deduction as a separate item. The
                        election applies to all
                        the qualifying costs you have during the year, up to the $15,000 limit. If you make this election, you must maintain adequate
                        records to support your
                        deduction.
                        
                         
                                For your election to be valid, you generally must file your return by its due date, including extensions. However,
                        if you timely filed your return
                        for the year without making the election, you can still make the election by filing an amended return within 6 months of the
                        due date of the return
                        (excluding extensions). Clearly indicate the election on your amended return and write “Filed pursuant to section 301.9100-2. ” File the amended
                        return at the same address you filed the original return. Your election is irrevocable after the due date, including extensions,
                        of your return.
                        
                         Disabled access credit.
                                If you make your business accessible to persons with disabilities and your business is an eligible small business,
                        you may be able to claim the
                        disabled access credit. If you choose to claim the credit, you must reduce the amount you deduct or capitalize by the amount
                        of the credit.
                        
                         
                                For more information about the disabled access credit, see Form 8826.
                        
                         
                     
                        
                           
                              Film and Television Production Costs
                               Film and television production costs are generally capital expenses. However, you can elect to deduct costs paid or incurred
                        for certain
                        productions that begin after October 22, 2004. For more information, see section 181 of the Internal Revenue Code and Temporary
                        Regulations sections
                        1.181-1T through 1.181-6T.
                        
                      Previous | Index | Next Publications Index | 2007 Tax Help Archives | Tax Help Archives Main | Home | 
 |  |